Act 9
Penal Code Act
2008
(c) the act was not committed with the intent of causing death
or attempt to cause death in order to prevent or avoid
injury only to property, and not an individual person;
(d) death of an individual person shall under no circumstances
be deemed to be for the benefit of that person; and
(e) pecuniary benefit is not deemed to be a benefit within
the meaning of this section.
Illustrations—
(a) A passenger train traveling at a high speed is
approaching a stationary passenger train upon the
same line of rails. A railway employee, as the only
means of preventing a collision that would probably
involve the lives of many passengers, switches the
moving train in to a siding. The employee is not guilty
of an offence if in light of all the circumstances, his or
her act was reasonable, although fatal though less
serious accident will likely result and a fatal accident
in fact occurs;
(b) “A” in a great fire pulls down houses in order to
prevent the conflagration from spreading. “A” does
this with the intention in good faith of saving human
life or property. If, in light of the circumstances his or
her acts are found to be reasonable, “A” is not guilty
of an offence.
(c) “Z” is seized by a crocodile, “A” fires at the crocodile
knowing it to be likely that the shot may kill “Z” but
not intending to kill “Z” and in good faith intending
“Z’s” benefit. In fact “A” kills “Z”. “A” has
committed no offence.
30. Children under Twelve Years of Age not Criminally Liable.
A child under twelve years of age, shall be deemed to lack
criminal capacity and shall not be tried for or convicted of any
offence, which he or she is alleged to have committed.
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